DA puts plans to haul government to court over Bela Bill on hold

The DA is halting its plan to take the government to court over the signing of the Basic Education Laws Amendment 2022 (Bela) Bill until the government of national unity’s (GNU) clearing house mechanism concludes talks around the contested legislation.

“The DA wants to exhaust the dispute resolution process before taking any further steps,” DA spokesperson Karabo Khakhau said.


President Cyril Ramaphosa signed the bill in September; however, he has decided to postpone the implementation date for clauses 4 and 5 by three months.

The Basic Education Minister, Siviwe Gwarube, boycotted the signing ceremony for the bill. The DA had also taken a hardline about the matter, saying the party would be taking legal action.

It strongly opposes these clauses and argues that their implementation could lead to the deprivation of mother-tongue education for children in single-medium schools.

Bill on the agenda

The clearing house mechanism is set to meet in Cape Town on Thursday to discuss an array of matters, including the Bela Bill.

GNU parties will submit inputs in relation to the Act, according to the draft agenda that Sunday World saw.

Other issues that will be up for discussion are the preparations for South Africa’s Presidency of the G20 meeting, preparations for the national dialogue, and challenges of coalition governments at the provincial and local government level.

The 10 GNU parties must finalise the terms of reference for the dispute resolution body, according to the agenda, which was signed by Deputy President Paul Mashatile and dated October 17.

The body’s first meeting last week established draft rules.

So far, five priorities have been put together as the foundation of the mechanism, including adapting to the GNU, having an enhanced approach to policy coordination, and assisting the cabinet in the development and approval of coherent policy proposals.

Adhering to agreed priorities

The document highlights that the cabinet remains the final decision-making body in government and not “any outside political arrangement”, while the forum seeks to solve its differences at the political leaders’ forum, of which signatories of the GNU are a part.

Reads the document: “The 7th administration is governed by coalition dynamics, requiring enhanced coordination and consensus-building among multiple political entities.

“The clearing house mechanism will play a central role in ensuring that partners in the government of national unity adhere to agreed priorities.”

Mashatile, who was chosen to oversee the forum’s operations, will preside over the next meeting.

“In general terms, the executive function of the leader of government business in parliament is to act as a link between the executive and the legislature on matters relating to oversight processes [executive accountability] and the development of the legislative programme by the executive.”

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